Brainard v. Jordan

• Decision Date: 05 January 1901
• Citation: Brainard v. Jordan, 60 S.W. 784 (Tex. App. 1901)
• Parties: BRAINARD v. JORDAN et al.
• Court: Texas Court of Appeals

60 S.W. 784

BRAINARD v. JORDAN et al.

Court of Civil Appeals of Texas.

January 5, 1901.

Appeal from district court, Roberts county; B. M. Baker, Judge.

Action by E. H. Brainard against G. F. Jordan and another. From a judgment dismissing the complaint, plaintiff appeals. Reversed.

H. E. Hoover and C. N. Hammond, for appellant. L. D. Miller, for appellees.

STEPHENS, J.

This appeal is from a judgment sustaining exceptions to appellant's petition and dismissing his suit, which was an action for specific performance of a contract to convey land, and, in the alternative, for damages for breach of the contract. The contract was made an exhibit to the petition, as was also the letter relied upon in part to show a breach thereof. The contract reads: "Canadian, Texas, Sept. 22, 1899. This agreement, entered into by and between E. H. Brainard and Frank Jordan, whereby Frank Jordan agrees to sell and transfer free from all incumbrances or claims from other parties Sec. 8 in block `X O' and Sec. 10 and 12 in same block by the first of Oct., 1899, but, if Brainard wants an extension of time, he can have it, and Frank Jordan is to remain in possession until the purchase price, $700.00, is paid by E. H. Brainard, and Jordan is to be allowed to use said land until May 1st, 1900. E. H. Brainard. G. F. Jordan." The letter reads: "Feb. 21, 1900. Mr. E. H. Brainard—Dear Sir: I thought I would write you a few lines in regard to our trade. I am very sorry to say I have backed out, and cannot let you have the place. I have got a good reason, and I hope you will not think hard of me, and I am much obliged for your kindness. I know you have friended me, and I know I have not treated you altogether right; but I made three hundred dollars on the trade, and you know I need it, and can stop the interest and clear my cattle by waiting on you. I did not have anything for surton, so I remain your friend. I would like to see you, but have got to go back; so, if you hang me, I will be there. Yours, truly, to Mr. Brainard, G. F. Jordan."

The petition alleged that the land described in the contract was in Hutchinson county, which was attached to Roberts for judicial purposes, and in every other respect, so far as we are able to see, stated a good cause of action. It was first excepted to because it failed to show who was the purchaser of the land, but manifestly this exception was not well taken. Jordan's own letter was a sufficient interpretation of the contract in this...